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This week PageFair wrote to the permanent representatives of all Member States of the European Union in support for the proposed ePrivacy Regulation.
Our remarks were tightly bounded by our expertise in online advertising technology. We do not have an opinion on how the proposed Regulation will impact other areas.
The letter addresses four issues:
PageFair supports the ePrivacy Regulation as a positive contribution to online advertising, provided a minor amendment is made to paragraph 1 of Article 8.
We propose an amendment to Article 8 to allow privacy-by-design advertising. This is because the current drafting of Article 8 will prevent websites from displaying privacy-by-design advertising.
We particularly support the Parliament’s 96th and 99th amendments. These are essential to enable standard Internet Protocol connections to be made in many useful contexts that do not impact of privacy.…

This note examines whether websites can use “tracking walls” under the GDPR, and challenges the recent guidance on this issue from IAB Europe.
This week, IAB Europe published a paper that advises website owners that tracking walls (i.e., modal dialogs that require people to give consent to be tracked in order to access a website) will be permissible under the GDPR. Our view is different.
Several months ago we provided feedback to the IAB of what we regarded as serious mistakes in a preliminary draft of this paper, which we believe will be very detrimental to publishers who follow the paper’s advice. As it appears that our feedback did not make it into the published version of the paper, we want to put our opinion on the record, so that publishers can take it in to account when deciding what course to follow under the GDPR.…

The 3rd-party cookie – the lifeblood of online advertising – may be about to die.
A proposal this month from the European Commission to reform the ePrivacy Directive (ePD) requires mandatory privacy options and educates users to distinguish between 1st and 3rd-parties in a way that will make 3rd-party cookies extinct.
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The Commission’s proposal also applies beyond cookies. The proposed reform of the ePD will further add to the the disruption that Europe’s new regulatory regime for privacy – the GDPR – will wreak upon to the media and advertising landscape when it applies in May 2018.
Caveat: the proposal is subject to negotiation between the Commission, the European Parliament, and the Council of Ministers.…